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What constitutes the crime of illegal invasion of residence

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What constitutes the crime of illegal invasion of residence


        

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  • 2024-06-15 03:00:01

    The constitutive elements of the crime of illegal invasion of housing are:
    1. The object infringed by this crime is other people's right of housing tranquility;
    2. The objective aspect of this crime is the act of illegally invading others' houses;
    3. The subject of this crime is a general subject, and any natural person with the capacity of criminal responsibility can constitute this crime;
    4. This crime is intentional in the subjective aspect.

    Legal basis:

    Article 245 of the Criminal Law
    Whoever illegally searches another person's body or residence or illegally intrudes into another person's residence shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.
    Any judicial officer who abuses his power and commits the crime mentioned in the preceding paragraph shall be given a heavier punishment.
    Article 246
    Whoever, by violence or other means, publicly insults another person or fabricates facts to slander another person, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights.

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